Category Archives: Uncategorized

06 Dec

Another Victory for a Defense Base Client

Another victory for a Hone Law Firm client and Defense Base Act claimant.  Our client was injured providing protection to ambassadors in Kabul, Afghanistan.  He suffered severe, debilitating back injuries.  The insurance carrier, after temporarily paying our client the benefits he was due, discontinue his temporary total disability payments and all claim-related medical care.  Due in large part to the aggressive advocacy of attorney John Hone, counsel for the insurance company relented on the eve of the Informal Conference.  Our client is now receiving the benefits to which he is entitled. If you or anyone you know is in need of passionate, relentless representation contact Hone Law Firm today.  Regardless of case type, we will go to bat for you and get you the recovery you deserve.

29 Nov

The importance of “History” in Personal Injury and Medical Malpractice Cases

This short post is written after a Settlement Conference in a medical malpractice case I am currently trial counsel in in Michigan. The claim is as follows:  Young diabetic woman begins vomiting at work and is taken by car to the Emergency Room.  There, she presents wheezing and short of breath.  She has a history of asthma as well as diabetes.  She is seen, examined, treated with breathing treatments and steroids for her asthma and discharged home. She leaves before seeing the attending emergency room physician, who testifies later he would have instructed her to monitor her blood sugars closely because of the steroids. She goes home against medical advice.  At home she goes into tt coma because of Diabetic Ketoacidosis.  Her kidneys shut down and she has 2 weeks of intensive care at the hospital. The problem with the case is that the Emergency Room record has no evidence or record, not on iota, of nausea of vomiting.  For a jury to believe that the patient had nausea and vomiting they… Read More

27 Nov

Nursing Home Negligence: Know Your Rights

The Facts: There are over 16,000 nursing homes operating in the United States today. These facilities combined provide over 1.7 million beds for their elderly residents. Instances of nursing home abuse and neglect are rampant amongst this population. In many cases the cause of the neglect is simply a product of under-staffing. According to a study done by the Centers for Disease Control and Prevention, in 2004 8 percent of U.S. nursing home residents had an emergency department visit in a 90 day span. This ostensibly insignificant number accounts for roughly 123,000 people. Of these 123,000, 40% (49,200) had a potentially preventable visit. The leading cause, according to the study, of these preventable visits are the injuries resulting from falls.1 According to another study performed by the CDC 8.9% of respondents to that study reported a fall within the 30 days prior to the interview. A staggering 33.9% of all residents surveyed had at least one reported fall in the 180 days prior to the interview. It… Read More

26 Oct

More Staggering Statistics: Confronting the Epidemic of Elder Abuse

The abuse and neglect of our eldest generation in nursing homes is a pervasive problem, and no part of the country is immune to it. In fact, even some homes receiving the highest possible ratings have been found to be the setting for some of the more heinous stories of abuse.  For example, in early April the son of a 78 year old resident at Prentiss Center for Skilled Nursing Care on Cleveland’s West Side placed a camera in his mother’s room to substantiate his suspicion that his mother was being abused.[1]Prentiss routinely receives five-star rating by the Center for Medicaid and Medicare Services. So why is this such a problem? Why are our mothers and fathers being abused in facilities meant to be a place of rest; a bastion of safety for those who can no longer depend solely on themselves? Why it happens: The unfortunate reality is that the vast majority of workers at most nursing facilities are under-paid and over-worked. Many work long hours and are paid just over minimum wage. Exacerbating the situation… Read More

26 Oct

What is the difference between Replacement Services and Attendant Care?

Because Michigan is a No-Fault state, certain benefits are due the auto accident victim regardless of who was at fault.  Included, are replacement services and attendant care.  Chances are unless you are an attorney that actively represents people in these type of cases, you don’t have the slightest idea what the difference is.  This would most likely include the physician you are treating with.  If you are reading this post you, a child, a family member, or a loved one has most likely been in a car wreck and suffered an injury involving some type of motor vehicle.  You are hopefully treating with a competent caring physician.  Your primary care physician,  a general practitioner, or an internist, or a family practice doctor, your gynecologist, or perhaps a chiropractor, may or may not understand your legal rights, or may or may not be interested or motivated enough to assist you to get the benefits that you deserve and need.  This would include signing a prescription for the care… Read More

17 Oct

Michigan Auto Accident Law Blog: Can a family member be paid to care for me?

The following is a post to the Michigan Auto Accident Lawyers blog.   The question is:  “Can a family member get paid to care for me?  Or does it have to be a nurse?” The answer is YES.  Michigan has. of course, a no fault system in motor vehicle accident cases involving cars, trucks, etc….It has been in place for years, and even non-lawyers are aware of that.  But not everyone understands the subtleties of the no fault act. First and foremost, Michigan has the best auto law in the country.  If you own a car in this state, and you are  legal ( have insurance for a registered automobile), and you are injured in an auto accident you are taken care of for LIFE.  Now, of course, the insurance company will try to get away with paying you as little and for as short a period as possible, but this lawyer will not let them get away with it. A great feature of the “Medical… Read More

15 Oct

Wrongful Death: The Meningitis Outbreak and Justice in Michigan

Wrongful Death: The Meningitis Outbreak and Justice in Michigan Because Michigan is the one state in the country that the pharmacy companies have immunity, victims of the recent meningitis outbreak as a result of fungus-tainted steroid injections, may be concerned that they cannot make a claim in Michigan. However, the citizen and patient may get a break in this instance.  Although, generally the pharmaceutical industry in MIchigan is off the hook for the harm they may cause, the immunity law only relates to pharmaceuticals that require approval the the U.S. Food and Drug administration. A compounding pharmacy and provider, is treated differently than your typical pharmaceutical drug company.  It is the preparation containing several ingredients combined in the compounding pharmacy or business.  It is not required to get approval from the F.D.A. Every day brings us news of more outbreaks in Michigan.  A woman in Howell, Michigan has died, and her unfortunate husband had an injection of the steroid as well. A clinic in Brighton, Michigan administered the shots. Tennessee and Michigan have the… Read More

13 Oct

Medical Malpractice Michigan Blog: Why are so few cases being filed?

It is amazing that in 2012,  occasionally you still may hear the comment that American’s are law suit happy, or that physicians are being chased out of the state of Michigan by frivolous Malpractice lawsuits. Nothing could be farther from the truth.  Recently, in Michigan, hearings were held before the Senate Insurance Committee,on legislation proposed by a physician politician, that would essentially have finally stripped the citizens of what remaining rights they had to access the courts to redress grievances against the medical establishment.  The right to a jury trial, and a jury determination of the facts has been under assault for more than a generation. And the insurance companies have been winning. One of the speakers at the hearings was an attorney representing the organization of lawyers that defends hospitals and doctors.  In other words, their own lawyer!  It didn’t surprise me, because I know the lawyers I meet from the other side, are ethical positive people.  What was amazing was that in a state of close to 10 Million… Read More

12 Oct

Nursing Home Cases in Michigan: How do Bed Sores cause death?

Nursing Home Cases in Michigan:  How do Bed Sores cause death? Why is it that one of the major problems occurring in nursing home is the decubitus ulcer, otherwise known as bed sore, or pressure sore.  It is something that wouldn’t occur to most of us in our day to day lives.  The old and elderly are at risk for this for a number of reasons including thinner skin, less ability to get around and move, less or no ability to get out of bed, or turn themselves over, incontinence ( urine can have a very corrosive effect), dehydration, etc…. The problem is compounded when the nursing home, rehabilitation facility, assisted living facility nursing staff or aids are not vigilant in following directions of the physician orders and don’t turn the resident, don’t document, wrongfully document, etc… The residents are cared for  by the nursing staff.  The physician is not there 24/7 generally.  The beginning of the bed sore may go undocumented.  The admission assessment may not identify the risk areas.  Because of… Read More

12 Oct

Sexual Assaults in Nursing Homes In Michigan

Sexual Assaults in Nursing Homes in Michigan and throughout the United States is an ongoing problem. The data is only beginning to emerge with regard to this phenomena.  It is known many cases go unreported.  Therefore, the extent of the problem is unknown. Obviously, the nursing home population, the old, the elderly, the mentally disabled, those suffering from dementia, Alzheimers, etc.. is very vulnerable to this abuse as well as general abuse.  Unfortunately, the functional and cognitive dysfunction of the resident creates a situation where the abuse cannot be articulated or reported.  It is primarily the diligence of the staff to observe and monitor the residents that protects them. The case against the aide in Michigan for abuse is difficult to win.  Because of recent law, the nursing home, the subacute, longterm care or assisted living facility can only be held accountable if they failed to do a criminal background check on the abuser, or failed to respond to notice of the abuse.  The legal challenge is the… Read More

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